46Investigating complaints

46 Investigating complaints

(1)  As soon as practicable after receiving a complaint, the Commissioner must determine whether to –

(a) investigate the complaint; or

(b) dismiss the complaint without an investigation.

(2)  In determining whether to dismiss the complaint without an investigation, the Commissioner may take into account the following:

(a) what action has been or is to be taken to remedy the subject matter of the complaint;

(b) whether the complaint is frivolous, vexatious or not made in good faith;

(c) whether the subject matter of the complaint is trivial;

(d) whether the subject matter of the complaint is able to be resolved by conciliation;

(e) whether there was or is an alternative and satisfactory means of redress available to the complainant;

(f) whether the subject matter of the complaint is being, is to be, or has been, dealt with in other proceedings;

(g) any other matter the Commissioner considers appropriate.

(3)  The Commissioner may –

(a) direct any police officer to –

(i) assist in the investigation of a complaint; and

(ii) provide any information or document or answer any question for the purpose of the investigation; and

(b) conduct the investigation in any manner the Commissioner considers appropriate.